According to regulatory requirements, banks must educate cardholders on standardized card use from time to time to ensure compliance with card use, reasonable consumption, no fictitious or malicious overdraft transactions, and no misrepresentation of actual card usage. Card use has an impact.

Virtual transactions are compared to physical transactions, such as game accounts, point cards, phone cards and other transactions that do not require mailing of items~

Malicious overdraft refers to the cardholder’s If the card is overdrawn beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and the card is not returned for more than three months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

The Supreme People's Court and the Supreme People's Procuratorate jointly issued a decision that starting from December 1, 2018, malicious overdrafts of more than 50,000 yuan and less than 500,000 yuan on credit cards will be deemed as malicious under the criminal law. Overdraft credit card "large amount".

Types of malicious overdrafts:

1. Frequent overdrafts: Cardholders repeatedly withdraw cash from credit card branches very close to each other at a very high frequency. Taking up a lot of cash in the bank in a short period of time.

2. Multiple card overdrafts: The cardholder applies to multiple banks, opens multiple accounts, and the cardholder repays the old overdraft, resulting in multiple debts, resulting in inability to repay.

3. Overdraft in other places: The communication equipment used by cardholders in my country is not yet developed, information on cash withdrawals in other places cannot be summarized in time, and "emergency stop payment notices" are difficult to be delivered in time. Crimes are committed across the country and wantonly. overdraft.

4. Collusion overdrafts:

First, cardholders cross each other and provide chain guarantees, applying for credit cards at different banks for overdrafts.

The second is that cardholders and staff of special merchants collude with each other to obtain bank funds through fake purchases and other methods.

The third is that cardholders collude with bank employees internally and externally to use credit card overdrafts

When the collection of malicious overdrafts by the card-issuing bank fails, in addition to immediately stopping the payment, you should also contact the guarantor as soon as possible Contact us and ask them to fulfill their guarantee obligations when due. If the guarantor refuses to perform its guarantee obligations, judicial means should be adopted to resolve the issue. my country's "Criminal Law" stipulates malicious overdraft behavior as a type of credit card fraud, and its constituent elements are:

1. The cardholder is a legal cardholder. If it is stolen or used fraudulently, then It constitutes theft or fraudulent use of another person's credit card, but does not constitute a malicious overdraft;

2. The cardholder is direct and intentional subjectively, and has the purpose of illegally occupying bank funds;

3. The cardholder has objectively committed malicious overdraft behavior, causing economic losses to the card-issuing bank;

4. The cardholder still refuses to return the money after being called by the card-issuing bank, and the amount is relatively large or takes a long time to reach Punishment.

For malicious overdraft behavior that meets the above constituent elements, in accordance with the relevant provisions of my country's "Criminal Law" and "Criminal Procedure Law", the public security agency can file a case for investigation, and the procuratorial agency can file a criminal lawsuit with the People's Court. Investigate the criminal liability of malicious overdraft perpetrators. For those who do not meet the above-mentioned criminal act constitutive elements, a civil lawsuit can be filed in accordance with the relevant provisions of my country's Civil Law and Civil Procedure Law to pursue the civil liability of the malicious overdraft perpetrator.